Item No. 1.
TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:OFFICE OF THE CITY MANAGER
BY:
JAMES ECKART, CITY PROSECUTOR
JOHN M. FUNK, CITY ATTORNEY
SCOTT LOUGHNER, POLICE CHIEF
DATE:JUNE 23, 2026
SUBJECT:
ORDINANCES AMENDING CHAPTER 5 (“FIREWORKS”) OF ARTICLE III (“PUBLIC SAFETY”) OF THE DOWNEY MUNICIPAL CODE TO HOLD PROPERTY OWNERS AND
RESPONSIBLE PERSONS ACCOUNTABLE FOR UNLAWFUL FIREWORKS USED OR
FOUND ON THEIR PROPERTY AND TO PROVIDE FOR THE RECOVERY OF
EMERGENCY RESPONSE COSTS
EXECUTIVE SUMMARY
The City Council will consider the adoption of an Urgency Ordinance that would hold responsible owners, tenants, and occupants of real property, as well as persons who otherwise organize or promote gatherings, where fireworks are unlawfully stored or discharged, for the unlawful possession or discharge of those fireworks. The Urgency Ordinance also would prohibit persons from being spectators of unlawful discharges of fireworks due to the increased threat to public peace, health, safety, and welfare. Lastly, the Urgency Ordinance would authorize the City to recover for emergency responses relating to the unlawful possession, storage, and/or discharge of fireworks.
The City Council will also introduce an Ordinance, similar to the Urgency Ordinance, that would hold responsible owners, tenants, and occupants of real property, as well as persons who otherwise organize or promote gatherings, where fireworks are unlawfully stored or discharged, for the unlawful possession or discharge of those fireworks.
The Urgency Ordinance also would prohibit persons from being spectators of unlawful discharges of fireworks due to the increased threat to public peace, health, safety, and welfare. Lastly, the Urgency Ordinance would authorize the City to recover for emergency responses relating to the unlawful possession, storage, and/or discharge of fireworks.
RECOMMENDATION
That the City Council:
1. Adopt an Urgency Ordinance No. 26-1545, amending Chapter 5 (“Fireworks”) of Article III (“Public Safety”) of the Downey Municipal Code to hold property owners and responsible persons accountable for unlawful fireworks used or found on their property and to provide for the recovery of emergency response costs; and,
2. Introduce an Ordinance amending Chapter 5 (“Fireworks”) of Article III (“Public Safety”) of the Downey Municipal Code to hold property owners and responsible persons accountable for unlawful fireworks used or found on their property and to provide for the recovery of emergency response costs.
BACKGROUND
The State of California prohibits the possession, sale, transportation, and discharge of dangerous fireworks throughout the State, however, authorizes local jurisdictions to either prohibit or allow the sale and discharge of those fireworks designated as safe and sane by the State Fire Marshal.
Since at least 1999, in an effort to balance the ability of the community to celebrate the independence of the United States with the need to safeguard the peace, health, safety, and welfare of the public, the City of Downey has allowed the discharge of safe and sane fireworks only on July 4th during specified hours on private property.
Unfortunately, despite these regulations, the unlawful discharge of both safe and sane as well as dangerous fireworks during prohibited days and/or on public rights-of-way has increased over the years.
Since 2007, the City has utilized the administrative citation process in an effort to both deter unlawful fireworks- related activities as well as to punish those persons who violate the City’s laws regulating fireworks. Although this enforcement effort – along with annual campaigns to educate the public about the dangers of fireworks and the applicable laws - has proven successful in deterring unlawful fireworks activities, the Police Department continues to expend tremendous resources on investigating and enforcing violations of the City’s fireworks regulations.
As part of the City’s “zero tolerance” approach to unlawful discharges of fireworks that threaten the public peace, health, safety, and welfare, the City Council has increased the administrative fines imposed for the first offense of an unlawful discharge from $1,000 to $4,000 (with increased fines for 2nd or greater offenses within a 36-month period).
ANALYSIS
Despite the City’s educational and enforcement efforts, the Police Department continues to expend tremendous efforts combating the unlawful discharge of fireworks. Efforts to identify and issue an administrative citation to the person unlawfully discharging fireworks is often hindered as a result of large gatherings of spectators attracted to the unlawful discharge of fireworks, who, in turn, instigate, promote, or otherwise encourage the unlawful discharge of additional fireworks.
Owners, tenants, and other persons in possession or control of private property routinely fail to adequately supervise gatherings at their property where fireworks are discharged or to take sufficient action to prevent the unlawful discharge of fireworks at their property or adjacent public rights-of-way.
The proposed Ordinances would prohibit “Social Hosts” – inclusive of property owners, tenants, and persons who host gatherings on private property, from causing, allowing, or failing to prevent the unlawful possession, storage, sale, or discharge of fireworks on their property or adjacent public rights-of-way. The proposed Ordinance would also impose a strict liability upon Social Hosts to ensure that these individuals adequately supervise gatherings at properties under their ownership or control and/or to take sufficient action to prevent the unlawful discharge of fireworks
The proposed Ordinances would acknowledge the good faith efforts made by Social Hosts to prohibit unlawful fireworks activities at their property, actively supervise gatherings at their property, and report unlawful fireworks activities that occur at their property to the Police Department or Fire Department. In certain circumstances, such efforts would exempt Social Hosts from liability/culpability.
In a further effort to decrease the illegal discharge of fireworks, the proposed Ordinances would prohibit persons from being Spectators of the unlawful discharge of fireworks. In this regard, a Spectator would be limited to persons who are within two hundred feet of the fireworks discharge for the purpose of viewing, observing, watching, or witnessing the fireworks discharge – and would obviously exclude persons who are not present for that purpose.
Under the proposed Ordinances, the fines imposed upon Social Hosts and Spectators would be the same as the fines applicable to the individual(s) unlawful possessing or discharging the fireworks, unless the City Council adopts a resolution setting a different fine.
Lastly, the proposed Ordinances would authorize the City to recover those costs incurred as a result of the Police Department, Fire Department, and/or other emergency service personnel responding to incidents involving the unlawful possession, storage, and/or discharge of fireworks. Emergency response costs that would be subject to recovery including, but would not be limited to, salaries and benefits of responding personnel, equipment usage or damage, medical treatment for injured responders, and disposal of seized fireworks. The inclusion of this cost- recovery mechanism ensures that extraordinary expenses resulting from illegal fireworks can be recouped, rather than be borne by the City’s general fund or taxpayers.
Each of these new regulations are specifically proposed in the City’s continuing efforts to promote public peace, health, safety, and welfare by deterring the illegal and unsafe possession, storage, and discharge of fireworks.
Pursuant to Sections 511 and 514 of the Downey City Charter, the Urgency Ordinance would need to be passed by the affirmative vote of at least four (4) members of the City Council – and would become effective immediately, in time for this year’s Independence Day celebrations.
CITY COUNCIL PRIORITIES
Quality of Life, Safety, & Infrastructure
FISCAL IMPACT
The fiscal impact of the proposed Ordinances would be minimal (resulting from the need to identify property owners), but would be offset by any fines recovered by the City for these offenses, as well as by any emergency cost recovery efforts.
Attachments
Attachment A: Ordinance No. 26-1545 - Urgency Amendment to Chap 5 of Article III of DMC.pdf Attachment B: Intro Ordinance Fireworks Host.pdf
ORDINANCE NO. 26-1545
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING CHAPTER 5 (“FIREWORKS”) OF ARTICLE III (“PUBLIC SAFETY”) OF THE DOWNEY MUNICIPAL CODE TO HOLD PROPERTY
OWNERS AND RESPONSIBLE PERSONS ACCOUNTABLE FOR UNLAWFUL
FIREWORKS USED OR FOUND ON THEIR PROPERTY AND TO PROVIDE
FOR THE RECOVERY OF EMERGENCY RESPONSE COSTS
WHEREAS, Section 7 of Article XI of the California Constitution provides that a City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and,
WHEREAS, California Government Code Section 38771 provides that legislative bodies of cities may declare what constitutes a nuisance; and,
WHEREAS, the State of California has enacted the “State Fireworks Law” (California Health & Safety Code, Division 11, Part 2), which, in part, regulates the manufacturing, storage, transportation, sale, possession, and discharge of both “Dangerous Fireworks” and “Safe and Sane Fireworks” – while explicitly allowing cities and/or counties the ability to regulate or prohibit the sale, use, and/or discharge of all fireworks within the city and/or county; and,
WHEREAS, the State Fireworks Law further authorizes local jurisdictions to prohibit the possession of dangerous fireworks in the amount of 25 pounds or less (subject to a civil/administrative fine); and,
WHEREAS, the City of Downey recognizes that all fireworks, including those designated as “Safe and Sane”, create potential hazards to the public’s health, safety and general welfare; and,
WHEREAS, Chapter 5 (“Fireworks”) of Article III (“Public Safety”) of the Downey Municipal Code regulates the possession, sale, use, and discharge of fireworks (both dangerous and safe- and-sane); and,
WHEREAS, the City of Downey has a substantial interest in promoting compliance with the local, State, and Federal laws intended to safeguard the members of the community – especially protecting children from being influenced by the misconduct of adults; and,
WHEREAS, the possession, sale, use, and/or discharge of fireworks in violation of local, State, and Federal laws is a threat to the public health, safety, and quiet enjoyment of residential properties and the general welfare; and,
WHEREAS, the City of Downey has made substantial efforts to enforce the law regulating and/or prohibiting the possession, sale, use, and/or discharge of fireworks; yet, despite these efforts, the illegal use of fireworks in the City during celebratory events such as New Year’s Eve, Independence Day (4th of July), or championships obtained by local professional sporting teams remains a serious problem in the City, contributing significantly to the incidents of fires and personal injuries – which could include burns, loss of limbs, and/or death; and,
WHEREAS, the unlawful possession, sale, use, and/or discharge of fireworks often occurs on private real properties where the owner, tenant, or other persons in possession or control of the real property know or should reasonably know of the unlawful conduct, or where they are otherwise causing, allowing, permitting, suffering, promoting, or instigating the unlawful possession, sale, use, and/or discharge of fireworks; and,
ORDINANCE NO. 26-1545
PAGE 2
WHEREAS, the unlawful discharge of fireworks – especially those fireworks classified as Dangerous Fireworks by the State Fire Marshal, tend to attract large groups of Spectators who, in turn, instigate, promote, and/or encourages an environment that fuels the unlawful discharge of additional fireworks; and,
WHEREAS, the presence and/or gathering of Spectators at public and private properties where unlawful discharges of fireworks occur threatens the peace, health, and safety of the public, often interferes with pedestrian and/or vehicular traffic, and could interfere with or impede investigations by the Downey Police Department and/or Fire Department into the unlawful possession, storage, or discharge of fireworks; and,
WHEREAS, property owners, tenants, and other responsible persons have failed to take sufficient action to prevent the occurrence or reoccurrence of gatherings, where others were invited and allowed to possess, use, and/or discharge fireworks on private property or immediately adjacent public property in violation of applicable laws; and,
WHEREAS, the lack of control by owners, tenants, or other responsible persons of gatherings on private property where the unlawful possession, sale, use, and/or discharge is occurring is determined to be a public nuisance and a threat to the peace, health, safety, and/or general welfare of the public; and,
WHEREAS, responses to unlawful fireworks activity by the Downey Police Department, Downey Fire Department, and other emergency response personnel have resulted in a disproportionate expenditure of public safety resources and tax dollars; and,
WHEREAS owners, tenants, and other persons who allow gatherings on real property where the unlawful possession, sale, use, and/or discharge of fireworks is occurring are more likely to supervise or to stop such gatherings if held strictly responsible for the illegal actions of the gatherings that occur on the real property or the immediately adjacent public right-of-way; and,
WHEREAS, in accordance with Downey City Charter Sections 511 and 514, the City Council of the City of Downey finds that this Urgency Ordinance is enacted for, and reasonable and necessary for, the immediate preservation and protection of the public peace, health, safety, and welfare by imposing a prohibition upon persons being knowing Spectators at unlawful fireworks discharges, as well as imposing strict liability on Social Hosts where unlawful fireworks activities occur, before the upcoming Independence Day – when most unlawful fireworks activities within the City of Downey occur; and,
WHEREAS, pursuant to Downey City Charter Sections 511 and 514, if passed by the affirmative votes of at least four (4) members of the City Council, this Urgency Ordinance will become effective immediately.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 3501 (“Definitions”) of Chapter 5 (“Fireworks”) of Article III (“Public Safety”) of the Downey Municipal Code is hereby amended to read in its entirety as follows:
§ 3501 DEFINITIONS.
For the purpose of this chapter, the most current adopted California Health and Safety Code (Sections 12500 through 12534) will define the terms used unless the context clearly requires
ORDINANCE NO. 26-1545
PAGE 3
otherwise or unless otherwise defined herein.
A. “Social Host” shall mean:
1. Any owner of private property;
2. Any person who has the right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract; and/or,
3. Any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering of two or more people on public or private property.
A “Social Host” does not include any government entity, including, but not limited to, a City, school district, and/or political subdivision.
B. “Spectator” shall mean any person who is within two hundred feet (200’) of a fireworks discharge for the purpose of viewing, observing, watching, or witnessing the fireworks discharge.
SECTION 2. Section 3507 (“Social Host and Spectator Liability”) of Chapter 5 (“Fireworks”) of Article III (“Public Safety”) of the Downey Municipal Code is hereby amended to read in its entirety as follows:
§ 3507 SOCIAL HOST AND SPECTATOR LIABILITY.
A. Prohibition.
1. Social Host. It is unlawful and a public nuisance for any Social Host to cause, allow, permit, suffer, or otherwise fail to prevent the unlawful possession, storage, sale, use, ignition, display, or discharge of fireworks on the Social Host’s property, an immediately adjacent public or private street or sidewalk, or any other immediately adjacent public right-of- way.
2. Spectator. It is unlawful and a public nuisance for any person to be knowingly present as a Spectator during an unlawful discharge of fireworks.
B. Strict Liability. Social Hosts shall be strictly liable for any offense under this Section and, as such, the Social Host need not be present at the time of, nor have prior knowledge of, the unlawful possession, storage, sale, use, ignition, display, or discharge of fireworks.
C. Exemptions. The prohibitions under this Section shall not apply to:
1. A Social Host who initiates contact with the Police Department or Fire Department to report the unlawful conduct and, thereafter, assists in terminating the gathering and/or the unlawful conduct in order to comply with this Chapter, if the request for assistance is made before any other person contacts the Police Department or Fire Department about the violation of this Section.
2. Any owner of private real property who affirmatively demonstrates that, at the time of the violation:
a) The real property was subject to a lease or rental agreement to another person, and the property owner has provided sufficient information to law enforcement to identity and to contact the renter/lessee or other responsible party;
ORDINANCE NO. 26-1545
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b) The owner was not present at the real property; and, c) The owner had no prior knowledge (actual or constructive) of the violation.
i) The owner shall be deemed to have had prior constructive knowledge of the violation unless the owner demonstrates that the owner took all reasonable steps to prevent the unlawful conduct – including, but not limited to, explicitly prohibiting the unlawful possession, use, and/or discharge of fireworks in any lease or rental agreement; ensuring active supervision of any gatherings at the real property and intervening if any unlawful fireworks activities occur; and contacting the Downey Police Department and/or Fire Department prior to any response by law enforcement, fire officials, or other emergency response service regarding unlawful fireworks activities at the real property.
3. Any person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract when the possession, storage, sale, use, ignition, or discharge of fireworks occurs in a common area of the property, and:
a) The person did not organize, supervise, or accept responsibility for the gathering at which the unlawful conduct occurs;
b) The person did not cause, permit, allow, facilitate, promote, or instigate the unlawful conduct; or,
c) The person was not a Spectator at the unlawful discharge of the fireworks.
4. Instances where the possession, storage, sale, use, ignition, or discharge of fireworks adheres to applicable local, State, and Federal laws.
D. Administrative Fine. In any instance where the City elects to issue an administrative citation (pursuant to Article I, Chapter 4 of this Code) to a Social Host or Spectator, the amount of the fine shall be the same as that set by City Council Resolution for the unlawful conduct for which the person was a Social Host or Spectator, unless set otherwise by City Council Resolution.
SECTION 3. Section 3515 (“Recovery of Emergency Response Costs”) of Chapter 5 (“Fireworks”) of Article III (“Public Safety”) of the Downey Municipal Code is hereby added to read as follows:
§ 3515 RECOVERY OF EMERGENCY RESPONSE COSTS.
A. In addition to any fines or penalties which may otherwise be applicable for violations of this Chapter, the City shall be entitled to recover from any person found to be in violation of any provision of this Chapter, the City’s full Emergency Response Costs.
B. For purposes of this Section, Emergency Response Costs shall mean those reasonable and necessary costs directly incurred by the City for responding to incidents involving the unlawful possession, storage, and/or discharge of fireworks and shall include the cost of providing police, fire, and/or other emergency response services at the scene, including, but not limited to:
1. Salaries and benefits of law enforcement and/or emergency service personnel for the full amount of time responding to, remaining at, or otherwise addressing such unlawful conduct, and the administrative costs attributable to such responses;
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2. The cost of any medical treatment to or for any law enforcement or emergency service personnel while responding to, remaining at, or leaving the scene;
3. The cost of the use of any City equipment used in responding to, remaining at, or leaving the scene of any unlawful possession, storage, sale, use, ignition, or discharge of fireworks; and,
4. The cost of repaying any City equipment or property damaged while responding to, remaining at, or leaving the scene of any unlawful possession, storage, sale, use, ignition, or discharge of fireworks.
C. A criminal conviction is not required for establishing a person’s responsibility for Emergency Response Costs.
D. The City Manager is authorized to promulgate Rules and Regulations for the administrative assessment and collection of Emergency Response Costs. Such Rules and Regulations shall, at a minimum, require that the responsible party be provided with an accounting of the Emergency Response Costs the City is seeking, and an opportunity to challenge the assessment.
E. Nothing in this Section shall limit or restrict the City from obtaining restitution or reimbursement for Emergency Response Costs in any administrative, civil, or criminal proceeding as otherwise allowed by law.
SECTION 4. SEVERABILITY. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. URGENCY. The City Council finds and declares that this Urgency Ordinance is required for the immediate preservation and protection of the public peace, health, safety, and welfare for the reasons set forth above.
SECTION 6. This Urgency Ordinance is adopted pursuant to Downey City Charter Sections 511 and 514 and shall become effective immediately upon its adoption by at least four (4) affirmative votes of the members of the City Council.
SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law.
APPROVED AND ADOPTED this 23rd day of June, 2026.
CLAUDIA M. FROMETA, Mayor
ORDINANCE NO. 26-1545
PAGE 6
ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk APPROVED AS TO FORM:
JOHN M. FUNK
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF DOWNEY ) I HEREBY CERTIFY that the foregoing Urgency Ordinance No. 26-1545, was adopted at a Regular meeting of the City Council of the City of Downey held on the 23rd day of June, 2026, by the following vote, to wit:
AYES: Council Members:
NOES: Council Member:
ABSENT: Council Member:
ABSTAIN: Council Member: I FURTHER CERTIFY that a Summary of the foregoing Urgency Ordinance No. 26-1545, was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on June 11, 2026 (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates.
MARIA ALICIA DUARTE, CMC
City Clerk
ORDINANCE NO. 26-______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING CHAPTER 5 (“FIREWORKS”) OF ARTICLE III (“PUBLIC SAFETY”) OF THE DOWNEY MUNICIPAL CODE TO HOLD PROPERTY
OWNERS AND RESPONSIBLE PERSONS ACCOUNTABLE FOR
UNLAWFUL FIREWORKS USED OR FOUND ON THEIR PROPERTY
AND TO PROVIDE FOR THE RECOVERY OF EMERGENCY
RESPONSE COSTS
WHEREAS, Section 7 of Article XI of the California Constitution provides that a City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and,
WHEREAS, California Government Code Section 38771 provides that legislative bodies of cities may declare what constitutes a nuisance; and,
WHEREAS, the State of California has enacted the “State Fireworks Law” (California Health & Safety Code, Division 11, Part 2), which, in part, regulates the manufacturing, storage, transportation, sale, possession, and discharge of both “Dangerous Fireworks” and “Safe and Sane Fireworks” – while explicitly allowing cities and/or counties the ability to regulate or prohibit the sale, use, and/or discharge of all fireworks within the city and/or county; and,
WHEREAS, the State Fireworks Law further authorizes local jurisdictions to prohibit the possession of dangerous fireworks in the amount of 25 pounds or less (subject to a civil/administrative fine); and,
WHEREAS, the City of Downey recognizes that all fireworks, including those designated as “Safe and Sane”, create potential hazards to the public’s health, safety and general welfare; and,
WHEREAS, Chapter 5 (“Fireworks”) of Article III (“Public Safety”) of the Downey Municipal Code regulates the possession, sale, use, and discharge of fireworks (both dangerous and safe-and-sane); and,
WHEREAS, the City of Downey has a substantial interest in promoting compliance with the local, State, and Federal laws intended to safeguard the members of the community – especially protecting children from being influenced by the misconduct of adults; and,
WHEREAS, the possession, sale, use, and/or discharge of fireworks in violation of local, State, and Federal laws is a threat to the public health, safety, and quiet enjoyment of residential properties and the general welfare; and,
WHEREAS, the City of Downey has made substantial efforts to enforce the law regulating and/or prohibiting the possession, sale, use, and/or discharge of fireworks; yet, despite these efforts, the illegal use of fireworks in the City during celebratory events such as New Year’s Eve, Independence Day (4th of July), or championships obtained by local professional sporting teams remains a serious problem in the City, contributing significantly to the incidents of fires and personal injuries – which could include burns, loss of limbs, and/or death; and,
ORDINANCE NO. 26-______
PAGE 2
WHEREAS, the unlawful possession, sale, use, and/or discharge of fireworks often occurs on private real properties where the owner, tenant, or other persons in possession or control of the real property know or should reasonably know of the unlawful conduct, or where they are otherwise causing, allowing, permitting, suffering, promoting, or instigating the unlawful possession, sale, use, and/or discharge of fireworks; and,
WHEREAS, the unlawful discharge of fireworks – especially those fireworks classified as Dangerous Fireworks by the State Fire Marshal, tend to attract large groups of Spectators who, in turn, instigate, promote, and/or encourages an environment that fuels the unlawful discharge of additional fireworks; and,
WHEREAS, the presence and/or gathering of Spectators at public and private properties where unlawful discharges of fireworks occur threatens the peace, health, and safety of the public, often interferes with pedestrian and/or vehicular traffic, and could interfere with or impede investigations by the Downey Police Department and/or Fire Department into the unlawful possession, storage, or discharge of fireworks; and,
WHEREAS, property owners, tenants, and other responsible persons have failed to take sufficient action to prevent the occurrence or reoccurrence of gatherings, where others were invited and allowed to possess, use, and/or discharge fireworks on private property or immediately adjacent public property in violation of applicable laws; and,
WHEREAS, the lack of control by owners, tenants, or other responsible persons of gatherings on private property where the unlawful possession, sale, use, and/or discharge is occurring is determined to be a public nuisance and a threat to the peace, health, safety, and/or general welfare of the public; and,
WHEREAS, responses to unlawful fireworks activity by the Downey Police Department, Downey Fire Department, and other emergency response personnel have resulted in a disproportionate expenditure of public safety resources and tax dollars; and,
WHEREAS owners, tenants, and other persons who allow gatherings on real property where the unlawful possession, sale, use, and/or discharge of fireworks is occurring are more likely to supervise or to stop such gatherings if held strictly responsible for the illegal actions of the gatherings that occur on the real property or the immediately adjacent public right-of-way.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 3501 (“Definitions”) of Chapter 5 (“Fireworks”) of Article III (“Public Safety”) of the Downey Municipal Code is hereby amended to read in its entirety as follows:
§ 3501 DEFINITIONS.
For the purpose of this chapter, the most current adopted California Health and Safety Code (Sections 12500 through 12534) will define the terms used unless the context clearly requires otherwise or unless otherwise defined herein.
A. “Social Host” shall mean:
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PAGE 3
1. Any owner of private property;
2. Any person who has the right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract; and/or,
3. Any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering of two or more people on public or private property.
A “Social Host” does not include any government entity, including, but not limited to, a City, school district, and/or political subdivision.
B. “Spectator” shall mean any person who is within two hundred feet (200’) of a fireworks discharge for the purpose of viewing, observing, watching, or witnessing the fireworks discharge.
SECTION 2. Section 3507 (“Social Host and Spectator Liability”) of Chapter 5 (“Fireworks”) of Article III (“Public Safety”) of the Downey Municipal Code is hereby amended to read in its entirety as follows:
§ 3507 SOCIAL HOST AND SPECTATOR LIABILITY.
A. Prohibition.
1. Social Host. It is unlawful and a public nuisance for any Social Host to cause, allow, permit, suffer, or otherwise fail to prevent the unlawful possession, storage, sale, use, ignition, display, or discharge of fireworks on the Social Host’s property, an immediately adjacent public or private street or sidewalk, or any other immediately adjacent public right-of-way.
2. Spectator. It is unlawful and a public nuisance for any person to be knowingly present as a Spectator during an unlawful discharge of fireworks.
B. Strict Liability. Social Hosts shall be strictly liable for any offense under this Section and, as such, the Social Host need not be present at the time of, nor have prior knowledge of, the unlawful possession, storage, sale, use, ignition, display, or discharge of fireworks.
C. Exemptions. The prohibitions under this Section shall not apply to:
1. A Social Host who initiates contact with the Police Department or Fire Department to report the unlawful conduct and, thereafter, assists in terminating the gathering and/or the unlawful conduct in order to comply with this Chapter, if the request for assistance is made before any other person contacts the Police Department or Fire Department about the violation of this Section.
2. Any owner of private real property who affirmatively demonstrates that, at the time of the violation:
a) The real property was subject to a lease or rental agreement to another person, and the property owner has provided sufficient information to law enforcement to identity and to contact the renter/lessee or other responsible party; b) The owner was not present at the real property; and,
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c) The owner had no prior knowledge (actual or constructive) of the violation.
i) The owner shall be deemed to have had prior
constructive knowledge of the violation unless the owner demonstrates that the owner took all reasonable steps to prevent the unlawful conduct – including, but not limited to, explicitly prohibiting the unlawful possession, use, and/or discharge of fireworks in any lease or rental agreement; ensuring active supervision of any gatherings at the real property and intervening if any unlawful fireworks activities occur; and contacting the Downey Police Department and/or Fire Department prior to any response by law enforcement, fire officials, or other emergency response service regarding unlawful fireworks activities at the real property.
3. Any person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract when the possession, storage, sale, use, ignition, or discharge of fireworks occurs in a common area of the property, and:
a) The person did not organize, supervise, or accept
responsibility for the gathering at which the unlawful conduct occurs; b) The person did not cause, permit, allow, facilitate, promote, or instigate the unlawful conduct; or,
c) The person was not a Spectator at the unlawful discharge of the fireworks.
4. Instances where the possession, storage, sale, use, ignition, or discharge of fireworks adheres to applicable local, State, and Federal laws.
D. Administrative Fine. In any instance where the City elects to issue an administrative citation (pursuant to Article I, Chapter 4 of this Code) to a Social Host or Spectator, the amount of the fine shall be the same as that set by City Council Resolution for the unlawful conduct for which the person was a Social Host or Spectator, unless set otherwise by City Council Resolution.
SECTION 3. Section 3515 (“Recovery of Emergency Response Costs”) of Chapter 5 (“Fireworks”) of Article III (“Public Safety”) of the Downey Municipal Code is hereby added to read as follows:
§ 3515 RECOVERY OF EMERGENCY RESPONSE COSTS.
A. In addition to any fines or penalties which may otherwise be applicable for violations of this Chapter, the City shall be entitled to recover from any person found to be in violation of any provision of this Chapter, the City’s full Emergency Response Costs.
B. For purposes of this Section, Emergency Response Costs shall mean those reasonable and necessary costs directly incurred by the City for responding to incidents involving the unlawful possession, storage, and/or discharge of fireworks and shall include the cost of providing police, fire, and/or other emergency response services at the scene, including, but not limited to:
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PAGE 5
1. Salaries and benefits of law enforcement and/or emergency service personnel for the full amount of time responding to, remaining at, or otherwise addressing such unlawful conduct, and the administrative costs attributable to such responses;
2. The cost of any medical treatment to or for any law enforcement or emergency service personnel while responding to, remaining at, or leaving the scene;
3. The cost of the use of any City equipment used in responding to, remaining at, or leaving the scene of any unlawful possession, storage, sale, use, ignition, or discharge of fireworks;
4. The cost of repaying any City equipment or property damaged while responding to, remaining at, or leaving the scene of any unlawful possession, storage, sale, use, ignition, or discharge of fireworks; and,
5. Any costs associated with the disposal of any fireworks seized and/or removed from the location.
C. A criminal conviction is not required for establishing a person’s responsibility for Emergency Response Costs.
D. The City Manager is authorized to promulgate Rules and Regulations for the administrative assessment and collection of Emergency Response Costs. Such Rules and Regulations shall, at a minimum, require that the responsible party be provided with an accounting of the Emergency Response Costs the City is seeking, and an opportunity to challenge the assessment.
E. Nothing in this Section shall limit or restrict the City from obtaining restitution or reimbursement for Emergency Response Costs in any administrative, civil, or criminal proceeding as otherwise allowed by law.
SECTION 4. SEVERABILITY. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect thirty days after its adoption.
SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law.
APPROVED AND ADOPTED this ___ day of _______ 2026.
CLAUDIA M. FROMETA, Mayor
ORDINANCE NO. 26-______
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ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk APPROVED AS TO FORM:
JOHN M. FUNK
City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) CITY OF DOWNEY ) I HEREBY CERTIFY that the foregoing Ordinance No. 26-______ was introduced at a Regular Meeting of the City Council of the City of Downey held on the 9th day of June, 2026, and adopted at a Regular meeting of the City Council of the City of Downey held on the ___ day of ______________, 2026, by the following vote, to wit:
AYES: Council Members:
NOES: Council Member:
ABSENT: Council Member: ABSTAIN: Council Member:
ORDINANCE NO. 26-______
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I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 26-______, was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on ________________, 2026 (before introduction), and on ______________, 2026 (after adoption). It was also posted in the regular posting places in the City of Downey on the same dates.
MARIA ALICIA DUARTE, CMC
City Clerk